PARAMJEET Vs. STATE OF HIMACHAL PRADESH

JUDGEMENT

(1.) The instant bail application has been maintained by the petitioner under Section 439 of the Code of Criminal Procedure seeking her release, in case FIR No. 57 of 2021, dated 07.05.2021, under Section 21-61-85 of the ND & PS Act, registered at Police Station Damtal, District Kangra, H.P.

(2.) As per the averments made in the petition, the petitioner is innocent and has been falsely implicated in the present case. She is permanent resident of District Kangra, thus neither in a position to tamper with the prosecution evidence nor in a position to flee from justice. No fruitful purpose will be served by keeping her behind the bars, so she be released on bail.

(3.) Police report stands filed. Succinctly, the prosecution story, as emanates from the records is that on 07.05.2021, a police team was on routine patrol and law & order duty and when, around 04:55 p.m., the team was at Bhadroya Toll Tax Barrier, police got a secret tip-off that one Paramjeet @ Gausha (petitioner herein) deals in sale-purchase of narcotics and in case her premises are raided, huge amount of narcotics can be recovered. Acting upon the secret tip-off, police associated independent witnesses and reached the residence of the petitioner, where she was present. Initially, members of the police team gave their personal search to the petitioner, thereafter, the premises of the petitioner were searched. During the search operation, police found a carry-bag having some currency notes and transparent polythene, which contained some brownish substance. The recovered substance was tested through Drug Detection Kit and found to be heroin and weighed 6.17 grams. Thereafter, all the codal formalities were completed. Police prepared the spot map, arrested and medically examined the petitioner. The recovered contraband, on being chemically examined, found to be Diacetyl Morphine (Heroin). As per the police, Rajat Kumar has been booked in another ND & PS case and is in judicial custody. As per the police report, four more cases of ND & PS are pending against the petitioner. On 05.07.2021, after completion of investigation, challan stands presented in the learned Trial Court. Lastly, it is prayed that the bail application of the petitioner be dismissed, as the petitioner is habitual offender and she deals in illegal sale-purchase of narcotics. There is possibility that in case at this stage, if the petitioner is enlarged on bail, she may flee from justice and may tamper with the prosecution evidence, so her bail application be dismissed.